Choosing a guardian for your children should you become incapacitated or die while they are still minors is an important aspect of your estate plan. In most cases, your children’s other parent would be entitled to custody on your death or disability. However, their other parent may already be dead or unable to raise them.
You should name a guardian for your children even if you expect their other parent to be able to care for them. There is always a possibility that you will both die or become disabled at the same time.
Although a court is not obligated to appoint the person you choose as a guardian, the court will likely agree with your choice in the absence of evidence that he or she is unsuitable. If you don’t name a guardian, the court will appoint one who may not be the person you would have preferred.